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•N'-� <br /> ORDINANCE NO. 2475-00 <br /> AN ORDINANCE GRANTING A FRANCHISE TO BLACK ROCK CABLE, INC. FOR AN OPEN VIDEO <br /> SYSTEM <br /> WHEREAS, the City is authorized to grant franchises for the installation, operation and <br /> maintenance of open video systems within the City;and <br /> WHEREAS, the Grantee has applied to the City for an open video system franchise to <br /> construct, operate and maintain an open video system within the City; and <br /> WHEREAS, the Grantee is willing to accept such a franchise subject to the terms and <br /> conditions stated herein, and to abide by these terms and conditions; and <br /> WHEREAS, the City Council hereby finds that it would serve the public interest of the <br /> citizens of the City to grant a non-exclusive open video system franchise to the Grantee subject to <br /> the terms and conditions hereinafter set forth. <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> SECTION 1. DEFINITIONS <br /> For the purposes of this Ordinance, the following terms, phrases, words and their <br /> derivations shall have the meanings given herein. When not inconsistent with the context, words <br /> used in the present tense include the future, words in the plural include the singular, and words in <br /> the singular include the plural. Words not defined shall be given their common and ordinary <br /> meaning. The word "shall" is always mandatory and not merely directory. <br /> 1.1 "Access" means the availability for noncommercial use by various agencies, <br /> institutions, organizations, groups and individuals in the community, including the City and its <br /> designees, of the Open Video System to acquire, create, receive, and distribute services and signals <br /> as permitted under applicable law including,but not limited to: <br /> a. "Public Access" means Access where community-based, noncommercial <br /> organizations, groups or individual members of the general public, on a nondiscriminatory basis, <br /> are the primary users. <br /> b. "Educational Access" means Access where schools are the primary users <br /> having editorial control over programming and services. <br /> c. "Governmental Access" means Access where governmental institutions or <br /> their designees are the primary users having editorial control over programming and services. <br /> 1 <br />